10 Wrong Answers To Common Veterans Disability Attorney Questions Do Y…
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Attorneys who exploit disabled veterans to earn money frequently use their benefits. You require an attorney who is certified to manage VA claims.
A Connecticut veteran who was suffering from schizophrenia, post-traumatic stress disorder and other mental health conditions related to a fatal aircraft carrier crash has won a major victory. However, it comes with a huge cost.
Class Action Settlement
According to a lawsuit filed on Monday the Department of Veterans Affairs discriminates against Black veterans by refusing their disability claims in a manner that is much higher than white veterans. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. He alleges that VA has denied his disability claims at a much greater rate than white veterans in the last three decades, according to the agency's records obtained by Monk and the Yale Law School Veterans Legal Services Clinic.
Monk, an psychiatric nurse who retired, claims that the discrimination of the VA has caused him and other black veterans disability law firms to suffer in ways that have affected their health, home, employment and education. Monk wants the VA to reimburse him for benefits he was deprived of and to change its policies on race, discharge status and denial rates.
Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data through Freedom of Information Act requests which they filed on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data showed that Black Veterans were statistically less prone to be granted an application for disability than white veterans between 2001 and 2020. In addition, the average denial rate was 6.3% higher for black veterans than it was for white veterans.
Discrimination in PTSD
The veterans disability lawyer Affairs Department systematically denies disability benefits to Black veterans, according to the lawsuit filed on Monday. The suit was filed by a former Marine Corps veteran who was denied access to housing, education, and other benefits for decades, even being diagnosed with post-traumatic stress disorder (PTSD). The suit cites evidence to show that VA officials have historically disproportionately denied claims submitted by Black veterans.
Conley Monk was a member of the Marines as an unpaid volunteer during the Vietnam War. He drove an unmarked transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was later involved in two fights with fellow Marines who he blamed for his PTSD, and received a discharge from the military that was not honorable in 1971. This "bad paper" prevented him from receiving loans for homes as well as tuition aid and other benefits.
He filed a lawsuit against the military to stop the discharge and was awarded a range of benefits in 2015 and 2020. He claims that the VA owes money for past denials of disability benefits. The suit also claims that he suffered emotional harm by reliving his most traumatic experiences with each application for benefits.
The lawsuit seeks monetary damages and asks the court to direct the VA to review its systemic PTSD discrimination. It is the latest effort by groups such as the ACLU and Service Women's Action Network to demand the VA to address discrimination that has been in place for years against sexual assault survivors.
Alimony Discrimination
Anyone who was in uniform or who accompanied them, deserve to know the truth about veterans disability benefits and their impact on divorce money issues. One of the most commonly held misconceptions is that state courts can garnish veterans' VA compensation to pay for alimony and child support. This isn't the case. Congress carefully designed the law contained in Title 38, U.S. Code to protect veterans' payments from the claims of family members and creditors except for alimony or child support.
Conley Monk decided to serve his country and spent two years in Vietnam driving bullet-ridden transport vehicles, moving equipment and troops from the combat zones. He was awarded numerous medals, but was discharged that was not a prestigious one because he was battling two times because of a post-traumatic stress disorder. It was a long, long, and winding path for him to get the VA to accept disability compensation.
He was denied access at an rate that was much higher than white people. According to the lawsuit filed in his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, the discrimination against Black veterans was systematic and widespread. The lawsuit claims that the VA was aware of and failed to confront decades-old discrimination against Black veterans. It seeks justice for Monk and other veterans.
Appeals
The VA's Board of Veterans Appeals reviews claims for benefits when a claimant disagrees with a decision the agency has made. If you are considering appealing an agency decision, it's important to appeal as soon as possible. A lawyer with experience in appeals to veterans' disability cases can assist you in ensuring that your appeal meets all the requirements and that you are given a fair hearing.
A licensed lawyer can examine the evidence used to prove your claim and, when necessary, submit additional evidence. A lawyer who understands the challenges faced by the VA can be more understanding of your situation. This could be a valuable advantage during your appeals procedure.
A veteran's claim for disability is usually denied due to the agency could not accurately describe their condition. A skilled lawyer can make sure that your condition is classified and rated correctly, thus granting you to receive the benefits that you deserve. A professional attorney will also be able work with medical professionals to provide additional evidence of your health condition. A medical expert for instance, might be able to prove that your pain is a result of your service-related injury and is disabling. They could be able to assist you in obtaining the medical records needed to support your claim.
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